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This document outlines the procedure for filing a motion regarding a debtor's secured status and the stripping of junior liens on their principal residence during a bankruptcy proceeding.
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How to fill out motion to determine secured
How to fill out MOTION TO DETERMINE SECURED STATUS OF ABC MORTGAGE COMPANY AND TO STRIP LIEN EFFECTIVE UPON DISCHARGE
01
Obtain the correct form for 'MOTION TO DETERMINE SECURED STATUS OF ABC MORTGAGE COMPANY AND TO STRIP LIEN EFFECTIVE UPON DISCHARGE.'
02
Fill out the case caption, including the court name, case number, and parties involved.
03
Clearly state the purpose of the motion in the introductory paragraph.
04
Provide a detailed explanation of the fact pattern concerning ABC Mortgage Company and the lien in question.
05
Include specific legal reasons supporting the motion to strip the lien.
06
Attach any necessary documentation or evidence that supports your claims.
07
Sign the motion and date it appropriately.
08
File the motion with the court and pay any required filing fees.
09
Serve copies of the motion to all relevant parties, including ABC Mortgage Company.
10
Prepare for any scheduled hearings regarding the motion.
Who needs MOTION TO DETERMINE SECURED STATUS OF ABC MORTGAGE COMPANY AND TO STRIP LIEN EFFECTIVE UPON DISCHARGE?
01
Individuals who are filing for bankruptcy and have a mortgage lien they wish to strip.
02
Debtors who believe their mortgage is secured by an underwater property.
03
Homeowners looking to eliminate unsecured debt related to their mortgage post-discharge.
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People Also Ask about
What is a motion to determine secured status?
The title of a motion to determine secured status shall include the name of the affected creditor. The motion shall identify the creditor's loan using the last four digits of the loan number and shall sufficiently identify the collateral to be valued (e.g., legal description of real property or VIN of vehicles).
Can a judgment lien be placed on both real and personal property Quizlet?
Judgment liens are general, statutory, involuntary liens that attach to real and personal property. You could have a lien on your property as a result of the county installing sidewalks in your neighborhood.
What kind of lien is a mortgage lien quizlet?
Voluntary liens are liens created by agreement of the parties. An example would be a mortgage lien. Involuntary liens are created by the operation of law. -A mechanics lien for failure to pay for work done.
How do I stop a lien?
Once your car loan is completely paid off, obtain a car title lien release from your lender so your state BMV or DMV can put the car title in your name. The lien removal process varies by state and typically involves completing paperwork and paying a fee for the new car title.
Which statement is true of both a mortgage lien and a judgment lien?
Which statement is TRUE of both a mortgage lien and a judgment lien? It involves a debtor-creditor relationship.
What does it mean when a lien is discharged?
Pay Off the Debt: The most straightforward way to remove a lien is to pay off the debt associated with it. Obtain a Lien Release: After the debt is paid, request a lien release from the lienholder. File the Release: If the lien was recorded with a government office (like a county recorder), you must file the lien rel
What is a motion to avoid lien?
A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.
Is a mortgage the same as a Judgement lien?
A mortgage is a specific, voluntary lien. It is specific to the piece of property and is voluntary because it was agreed to by the property owner. A judgment lien is an example of a general, involuntary lien. Judgment liens can be applied against any of an individual's assets.
What type of lien might be called the first lien in property because it takes priority over all other liens?
Primary Mortgage Liens. A primary mortgage lien is the first mortgage taken out on a property. It has priority over all other liens and encumbrances on the property. In the event of foreclosure, the primary mortgage lien must be satisfied before any other liens on the property.
What is a motion to avoid lien after discharge?
A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.
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What is MOTION TO DETERMINE SECURED STATUS OF ABC MORTGAGE COMPANY AND TO STRIP LIEN EFFECTIVE UPON DISCHARGE?
The MOTION TO DETERMINE SECURED STATUS OF ABC MORTGAGE COMPANY AND TO STRIP LIEN EFFECTIVE UPON DISCHARGE is a legal request made in bankruptcy proceedings to confirm whether a lien held by ABC Mortgage Company against a debtor's property is secured or unsecured. This motion seeks to remove the lien after the discharge of the bankruptcy.
Who is required to file MOTION TO DETERMINE SECURED STATUS OF ABC MORTGAGE COMPANY AND TO STRIP LIEN EFFECTIVE UPON DISCHARGE?
Typically, the debtor in a bankruptcy case files the MOTION TO DETERMINE SECURED STATUS. This is done to contest the status of the lien placed by ABC Mortgage Company and to seek relief from secured obligations.
How to fill out MOTION TO DETERMINE SECURED STATUS OF ABC MORTGAGE COMPANY AND TO STRIP LIEN EFFECTIVE UPON DISCHARGE?
To fill out the MOTION, the debtor must provide relevant case information, including the bankruptcy case number, details of the lien, descriptions of the property, and any supporting arguments as to why the lien should be stripped. It's important to follow the local court rules for format and submission.
What is the purpose of MOTION TO DETERMINE SECURED STATUS OF ABC MORTGAGE COMPANY AND TO STRIP LIEN EFFECTIVE UPON DISCHARGE?
The purpose of this motion is to clarify the status of a lien in bankruptcy proceedings. It seeks to strip the lien from the debtor's property, treating it as unsecured debt, which can provide the debtor with additional financial relief once discharged.
What information must be reported on MOTION TO DETERMINE SECURED STATUS OF ABC MORTGAGE COMPANY AND TO STRIP LIEN EFFECTIVE UPON DISCHARGE?
Information required typically includes the debtor's name, case number, details about the lienholder (ABC Mortgage Company), the property in question, financial statements, and a statement of the legal grounds for stripping the lien.
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